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COMMITTEE v. TWIN RIVERS HOMEOWNERS' ASSOCIATION

890 A.2d 947 (2006)

383 N.J. Super. 22

COMMITTEE FOR A BETTER TWIN RIVERS, Dianne McCarthy, Haim Bar-Akiva and Bruce Fritzges, Plaintiffs-Appellants/Cross-Respondents, v. TWIN RIVERS HOMEOWNERS' ASSOCIATION, Twin Rivers Community Trust, and Scott Pohl, Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2006.

Attorney(s) appearing for the Case

Frank Askin argued the cause for appellants/cross-respondents (Rutgers Constitutional Litigation Clinic, attorneys; Mr. Askin, on the brief).

Barry S. Goodman, Woodbridge, argued the cause for respondents/cross-appellants Twin Rivers Homeowners' Association and Twin Rivers Community Trust (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, and Kennedy, Wronko, Kennedy, attorneys; Mr. Goodman with Karyn A. Kennedy Branco, of counsel and on the brief; Jane Felton and David S. Schechter, on the brief).

Michael S. Karpoff, Princeton, argued the cause for respondent/cross-appellant Pohl (Hill Wallack, attorneys; Mr. Karpoff, on the brief).

Hueston, McNulty, Mueller & DeGonge; Pepper Hamilton; and Nowell Amoroso Klein & Bierman, attorneys for amicus curiae Community Associations Institute (Samuel J. McNulty and Dennis R. Casale, of counsel and on the brief; Audrey D. Wisotsky and Thomas Martin, on the brief).

Before Judges KESTIN, LEFELT and FUENTES.

The opinion of the court was delivered by

KESTIN, P.J.A.D.

In this appeal, among other issues, we address the questions whether, and in what circumstances, the expressive rights guarantees of the New Jersey Constitution limit the authority of those who govern a community association in setting and administering standards for that community; the extent to which the Planned Real Estate Development Full Disclosure Act applies to a community established before...

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